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P2B1 INFORMATION SHARING AGREEMENT

Last Modified: 12 May, 2018

The P2B1 Information Sharing Agreement (the “Agreement”) constitutes a legal agreement between the individual transmitting the Agreement (“I,” “me,” “my,” or “mine”) and the owners and operators of the service, website, or application receiving the Agreement (“you,” “your,” or “yours”), collectively referred to as the Parties (“we” or “our”).

1.     Definitions

For the purposes of the Agreement, the following terms shall have the meanings specified below:

(a)   ‘GDPR’ refers to Regulation (EU) 2016/679 of the European Parliament and of the Council, also known as the General Data Protection Regulation, as of May 25, 2018.

(b)  ‘Personal data’ means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

(c)   ‘Process’ or ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

(d)  ‘Third party’ means any natural or legal person, public authority, agency or body other than you or me.

(e)   ‘Consent’ means any freely given, specific, informed and unambiguous indication of my wishes by which I, by a statement or by a clear affirmative action, signify agreement to the processing of my personal data. 

2.     Acceptance

The sole method of execution of the Agreement shall, for both Parties, be electronic signature using public-key cryptography.

3.     Scope of Agreement

The Agreement constitutes the entire agreement between you and me regarding your collection, processing, and retention of my personal data. To the extent that the terms of the Agreement are in conflict with any other document purporting to govern your collection, processing, and retention of my personal data, including, but not limited to, your terms of service and your privacy policy, the terms of the Agreement shall apply. You further agree that my continuing use of your service or website does not constitute acceptance of any terms that would supersede the Agreement.

4.     Modification

No amendment of the Agreement will be effective unless made in writing and accepted by both Parties in accordance with Section 2 above.

5.     Tracking

(a)   General. You agree that my personal data will be collected only for specified, explicit and legitimate purposes that I have agreed to in writing, and that you will not collect more data than is necessary for those purposes. You agree to use your best efforts to ensure that any third parties with whom you share my information comply with this clause.

(b)  Permitted Uses. I consent to your use of cookies or similar technology to track my use of the website, provided that my personal data collected is used only to ensure the proper function of the website (e.g. cookies to remember passwords) and what is necessary to measure and improve the website’s performance.

(c)   Third Party Use. You agree not to use my personal data in connection with any advertising purpose, and not to allow any third parties to track my use of the website, including but not limited to, placing third party cookies.

6.     GDPR Compliance, Data Processing, and Retention

(a)   You acknowledge that I have only consented to the collection of data for limited purposes. You agree that you will not process more data than is necessary for those purposes, nor will you process data in ways that are unconnected with those purposes. You agree that any processing of personal data by you is lawful, fair, and transparent and that it is in full compliance with the requirements of notice and consent laid out under Article 7 of the GDPR.

(b)  At any time, upon my request, you agree to provide me with access to any of my personal data that you keep, or with confirmation as to whether or not my personal data is being processed.

(c)   You agree to keep data that is accurate and up to date, and, except as otherwise required by law, to erase, rectify, or anonymize any data that is no longer necessary.

(d)  You agree to take all reasonable measures to ensure that the personal data you process or retain is securely stored in compliance with GDPR requirements, and that unauthorized, unlawful processing or accidental loss or damage will be prevented.

7.     Damages

If you breach any of the Agreement terms, I shall recover [$30] for each violation as liquidated damages. A violation includes, but is not limited to, each instance of the website or a third party on the website tracking, collecting, selling, sharing, or improperly retaining my activity or information. We agree that quantifying the losses arising from the website’s breach is inherently difficult and stipulate that the agreed-upon amount is a reasonable measure of damages.

8.     Waiver

No waiver by me of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of mine to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.

9.     Severability

If any provision of the Agreement is held by a court or other adjudicator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

10.  Indemnification

You agree to defend, indemnify, and hold me harmless for any litigation arising out of your violation of the terms of the Agreement.

11.  Dispute Resolution

In the case of a claim arising from the Agreement involving only one claimant seeking monetary damages of less than $10,000, we agree to resolve the dispute exclusively through the use of online dispute resolution. Neither Party, however, is prevented from seeking injunctive relief in a court of competent jurisdiction. If any claimant is seeking $10,000 or more in monetary damages or if the alleged breach involves more than one claimant, I have the option of resolving the matter through online dispute resolution or by filing a claim in court.

12.  Forum Selection

Any claim or controversy arising out of the Agreement must be resolved in a state or federal court located in the jurisdiction in which at least one claimant resides, except as otherwise agreed by the Parties or as described in the dispute resolution clause above. Both Parties agree to submit to the personal jurisdiction of the aforementioned state and federal courts.

13.  Waiver of Class Action [OPTIONAL]

I waive the right to pursue any class or representative claims to the maximum extent allowed by law.

14.  Fee Shifting [OPTIONAL]

In the event of online dispute resolution or arbitration, the losing Party shall be required to pay for fees and costs associated with using and/or charged by the online dispute resolution service. The prevailing Party will NOT be entitled to receive from the other Party any attorney’s fees or other costs incurred.